Chukwu Obinna 
Deji Adeyanju
ABUJA, Nigeria – State governors lack the constitutional authority to grant amnesty to terrorists, a leading human rights lawyer warns, raising concerns over the legality of state-level peace deals with armed groups.
Mr Deji Adeyanju, principal partner at Deji Adeyanju and Partners, issued the warning in Abuja on Thursday amid growing adoption of amnesty programmes by state governments battling insecurity.
Several states, including Zamfara, Katsina, Kaduna and Niger, have explored dialogue and pardon arrangements with bandit groups, citing overstretched security forces.
However, Adeyanju insists such actions exceed governors’ legal powers.
“Under Section 212 of the Constitution, a governor’s power of pardon applies only to offences created by state laws,” he says. “Terrorism is a federal offence governed by the Terrorism Act and falls exclusively under national security.”
He explains that only the President, acting under Section 175, can lawfully grant amnesty for terrorism-related crimes.
Adeyanju cites landmark Supreme Court rulings, including Attorney General of Ondo State v Attorney General of the Federation, affirming federal supremacy in national security matters.
He references the 2009 Niger Delta Amnesty, issued through presidential proclamation, as the appropriate constitutional model.
While acknowledging the role of dialogue and rehabilitation, Adeyanju warns against conflating these efforts with formal amnesty.
“States may facilitate surrender and reintegration, but they lack jurisdiction to pardon terrorists,” he says, cautioning that illegal amnesties risk undermining counter-terrorism efforts.
About the Author
Oluwafunbi Bello 
Edino Chubiyo Cornelius 
Oluwatobi Adu 
Juliet Jacob